Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials

Abstract

This article explores the true nature of authentication of tangible evidence in English law and kindred jurisdictions. It first identifies general principles governing the respective roles of judge and jury in the authentication of tangible evidence embedded within the case law of England and Wales. Those principles are then compared and contrasted to the rules governing authentication of evidence under the US Federal Rules of Evidence. Finally, general principles of authentication in English law are examined in relation to the authentication of forensic science evidence; film, video, photographs and sound recordings; private documents; computer output; and recorded confessions.